Section 38 IEA: Relevancy of statements as to any law contained in law-books
Indian Evidence Act, 1872
Section 38 IEA at a Glance
Section 38 IEA deals with relevancy of statements as to any law contained in law-books. From 1 July 2024 it is replaced by Section 32 BSA.
Section 38 IEA Bare Act Text
38. Relevancy of statements as to any law contained in law-books
When the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published under the authority of the Government of such country and to contain any such law, and any report of a ruling of the Courts of such country contained in a book purporting to be a report of such rulings, is relevant.
Source: Section 38, Indian Evidence Act, 1872
Section 38 IEA in Simple Words
Section 38 of the Indian Evidence Act, 1872 applied when a court needed to form an opinion on the law of any country. It made statements of that law and reports of court decisions in qualifying books relevant (able to be considered by the court).
A statement of the law of a country was relevant under Section 38 IEA when found in an official book. That book had to purport (appear on its face) to contain such law and to be published or printed with the authority of that Government.
Section 38 IEA also covered a report of a ruling (a legal decision) by the courts of that country. The decision had to appear in a book that purported to report rulings from those courts.
When Section 38 IEA Applies
- A court needs to form an opinion about a law of any country.
- A statement of that law appears in a book that purports to contain the law and to be published or printed with the authority of that Government.
- Alternatively, a report of a ruling by the courts of that country appears in a book that purports to report rulings of those courts.
Example of Section 38 IEA
Section 38 IEA in the BSA
Section 38 IEA is now covered under Section 32 BSA.
Section 38 of the Indian Evidence Act, 1872 became Section 32 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Law books now count "including in electronic or digital form", in the heading and the text.
View detailed comparison (IEA 38 vs BSA 32) →FAQs on Section 38 IEA
What is Section 38 IEA?▼
Section 38 of the Indian Evidence Act, 1872 applies when a court needs to form an opinion about the law of any country. It makes a statement of that law inside a book that purports to carry it under government authority, and a court ruling report in a book that purports to report such decisions, relevant.
Does a book of court rulings need to be published under government authority under Section 38 IEA?▼
No. Under Section 38 IEA, the requirement of being printed or published under government authority applies to a book containing a statement of the law of a country, whereas a book containing a report of court rulings only needs to purport to report rulings of those courts.
Does Section 38 IEA apply to the law of a foreign country?▼
Yes. Section 38 IEA applies whenever a court needs to form an opinion about a law of any country.
What is Section 38 IEA in BSA?▼
Section 32 BSA replaced Section 38 IEA. The rule is the same except that Section 32 BSA explicitly includes books in digital or electronic form in both the heading and the text.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·